The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-15
They Find Power to Protect Themselves
in the Precincts Of Justice.
The Democratic Grand Jurors Refuse to Con-
slider Evidence Warranting the Indict-
ment of the Tally-Sheet Forgers.
The Others Refuse to Share the Jury's
Disgrace and Ask To Be Discharged.
The Protectors of the Scoundrels CenSured By
the Court-AEother Demonstration of
the Power of Dangerous Gang. IS

sci
When the grand iurys final report was pre-
sented to Judge Irwin, last evening" no indict-
ments against the men who forged the tally
sheets last November accompanied it The jury
finished its work before noon, and was expected
to report soon after dinner, but there was de-
lay of two hours by the Republican members
making their final appeal to Henry B. Matthews.
Daniel B. Hosbrook and James Reninan, the
Democratic members. to sign the indict-
ments that had been prepared against
the persons to whom the strongest of
evidence pointed as being the ones who commit
ted the forgeries. Only two of the three names
were necessary, but the two men were stubborn,
and when all argument had proven fruitiess the
three Republicans abandoned their effort, con-
scious that they had done their whole sworn
duty.
When Judge Irwin made his appearance in
the Criminal Court room ut 2:30 o'clock there
were no persons about but the court attaches.
Word came in from tie jury that they would
not be ready to report before o'clock, and dur
inc the time that interviewed perhaps fifty per-
sons. mostly attorneys. dropped in, inquired if
Not a member of the gang could be found about
the courthouse. While they felt reasonably
sure that the Democrats on the jury had been
effectually fixed they knew the effort that was
being brought to bear upon them by the prose-
cutor and the Republican members, and feared
that their work might be undone, the evidence
considered and indictments after all be returned.
At any rate, under the circumstances, they pre-
ferred to remain away from their old haunts
about the clerks Office until the ordeal was over.
1t was quarter past 3 o'clock when the
grand jury baiff announced to the court that
the jury was ready to appear. and the judge
dered them brought in. The entire audience
consisted of the judge, Prosecutor Mitchell, the
court clerk, and the reporters. Deputy Prose-
cutor Hoffman preceded the six men as they
entered the room. He wasfolowad by Francis
w. Hamilton, the foreman d. w. Harcourt and
Parker S. Carson, and then the three Demo
cratic members. Mr.. Hoffman carried in his
hand batch of indictments, and, the jury
TODD seats he handed them to the judge. Not
word was spoken. The judge slowly be-
gan to look over the bills returned.
The three men who had d.sregarded their oaths
were apparently nervous. They cast their eyes
to the floor felt of their chairs and clothing. and
in various ways displayed unea siness and de-
sire for the discharge come quick. When
| Judge Irwin had reached the last sheet of paper
handed him he unfolded it and calmly read it
through, and, laying it aside, spoke the first
word uttered after she jury had appeared in the
room. He was indignant that was apparent.
AS he arose the three jurors who had proved
recreant to duty gazed out Of the windows to-
-: Ill L A.
| told them they had robbed of r;ghtful victims.
Gentlemen of the jury said the Judge.
| cat the opening of the session 1 deemed
| it my duty to call your attention to what is
| known as the tally sheet forgery case. In
| looking over the indictments you have handed
| me- find that you have failed to return bills
| against the person persons who committed
| those forgerles. Three of your m embers have
| handed me a communication. asking to be dis
charged from further acting on the jury Gen
| temen, L know not what I should say in this
case do not know that public interest will be
| subserved by any criticism that could offer.
After you men had taken an oath to do your
| duty, l cannot approve of your action. The
| case is perhaps unparalleled in the annals Of
| criminal law, and what course should be taken
| when a jury refuse to consider tn Q evidence and
| the law submitted to them. is grave question.
| The application submitted by the three men
| who refuse to longer servo the jury. l
| will order filed, and will consider
| it at the beginning of the next term of the
| jury. Gentlemen, you are discharged"
The news that the jury had reported had
spread beyond the courthouse by this time, and
as the jurymen passed out, the corridors were
filled with people who had learned the nature of
the report. The three men who had attempted
to do their duty were congratulated on every
hand. both by Republicans and honest Demo-
Gratis, but the three who had shielded set Of
scoundrels went out unnoticed. The following
is the resignation of the three Republican jurors:
ITO the Hon. VIM. A. Irwin. Judge of the Marion
Criminal court:
THE undersigned respectfully represent to
| your Honor that they are members OF the grand
| jury. duly drawn, empaneled and now serving
In your court. In accordance with your In
structions and our duty, said jury has made an
investigation as thorough as possible into what
is known as the tally-sheet forgeries
1.-The tally-shaets from five precincts and the
poll books in three show that systematic changes
and alterations have been made upon them.
These documents are returns from the election
held on the second day OF November, 1856, IN
| us is complete and conclusive that these
| changes we're made after the election
boards of these precincts had completed tEeii
| work upon said documents and adjourned. The
evidence is also conclusi-s that SAID changes
were made with the unlawful and felonious
intent of changing the returns of said cleo
tons to make it appear that persons who had
in fact received majority of votes, had only
received minority of votes. and causing the
board which canvassed the returns from the
precincts in said county to declare persons had
been duly elected who had not received a major
ity of votes in fact Evidence of the most posi-
tive and direct character. rs we'll as much OF the
strongest circumstantial character, has come
before us as to the persons who committed the
| said felonious acts. ~ q
I'VE have taken the opinion OF the prose-
cutting attorney and his deputy upon the law
relating to said offenses as well as the relevancy
and materiality of evidence. all OF which seems
to have been disregarded by those OF our mum
Der who oppose an Indictment Notwithstand
ing the aforesaid state of affairs as to this fla
grant and grave violation OF law. we are unable,
because of the opposition of members OF said
grand Jury, to secure a presentation of the
guilty persons to the court for Indictment